Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report, and particularly the detailed information on the number and nationality of foreign workers employed in Zaire.

Article 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinquished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in Zaire, the benefits awarded to him are also transferred abroad upon simple request by the National Bank of Zaire; (b) where the remuneration of the beneficiary was not transferrable abroad during the period of employment in Zaire, the Bank of Zaire may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both Zaire and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by Zaire (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in Zaire.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.